By uploading your photograph tagged with #BATARIxME, you grant BATARI, LLC., its agents, affiliates, and /or related entities (“BATARI”) a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, distribute, publish, and modify your uploaded photograph along with your handle in both digital and physical owned channels for all promotional, marketing, advertising, and other commercial purposes.
By using #BATARIxME to our request, you grant BATARI an non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use your name, handle, and photographs tagged with #BATARIxME (“User Content”) in any media, including but not limited to on its webpages, social, marketing, third party materials, promotional materials, advertising, and other commercial usages. BATARI may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in its sole discretion, without any obligation or additional permission from you.
You represent and warrant to BATARI that (i) you are over the age of 18, (ii) have the requisite right to transmit, distribute, replicate, and post the User Content, (iii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content provided herein, (iv) you hold the rights necessary to grant the licenses described herein, (v) you have obtained the consent of each person, if any, depicted in the User Content, (vi) you are the parent or legal guardian of each child under the age of 13, if any, depicted in the User Content, and (vii) the User Content, and BATARI’s use of the User Content as permitted under these terms and conditions, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party.
You agree to indemnify, defend, and hold harmless BATARI from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising from any breach of any of the above representations and warranties.
You expressly release BATARI from any claims, damages, actions, or liabilities arising from BATARI’s use of the User Content as permitted herein.
If at any time you believe that any of the representations and warranties provided above is not correct, you must notify us immediately by sending an email to email@example.com and identifying the User Content along with an explanation of the issue.
COPYRIGHT AND/OR TRADEMARK INFRINGEMENT
If you believe any photograph, image, or User Content posted on the “Shop on Instagram portion of the BATARI website infringes on your trademark, copyright or other intellectual property right, please send an email to firstname.lastname@example.org containing the following information:
- identity of your copyrighted work, trademark, or other right you claim has been infringed
- description of the allegedly infringing material located on the BATARI website including where the alleged infringing material is located on the BATARI website and the permalink where the material is located;
- your address, telephone number, and email address;
- your written declaration that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law;
- your written declaration, made under penalty of perjury, that the above information provided in your notice is accurate and that you are the copyright owner or trademark owner or authorized to act on the owner's behalf; and
- your physical or electronic signature.